Disposed

C. H. Muhammed Koya Memorial Charitable Centre v. State of Kerala

Kerala HC15 Nov 2023WP(C)/23750/2023

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition challenging uniform colour codes for ambulances. Relying on the Central Motor Vehicle Rules and AIS-125, the court permitted display of sponsor emblems on C and D category ambulances and dismissed the petition without detailed reasoning.

What did the court decide?

Petitioner permitted to display emblem strictly in accordance with AIS-125 (Part 1) parameters on C and D category ambulances.

C. H. Muhammed Koya Memorial Charitable… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945

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WP(C) NO. 23750 OF 2023

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PETITIONER:

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C. H. MUHAMMED KOYA MEMORIAL CHARITABLE CENTRE,
C H CENTRE, MEDICAL COLLEGE P.O., KOZHIKODE,
PIN – 673 008.

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REPRESENTED BY ITS PRESIDENT

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BY ADVS.
P.A.MOHAMMED SHAH
RENOY VINCENT
SHAHIR SHOWKATH ALI
CHELSON CHEMBARATHY
ABEE SHEJIRIK FASLA N.K
MUHAMED JUNAID V.
SHILU SEBASTIAN
FATHIMA AFEEDA P.
THOUFEEK.R.
ADITH KRISHNAN.U.

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

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2THE STATE TRANSPORT AUTHORITY
TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWNER,
THIRUVANANTHAPURAM, PIN – 695 014
REPRESENTED BY ITS SECRETARY

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BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SANTHOSH KUMAR-SPL.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 23750 OF 2023

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DINESH KUMAR SINGH, J.

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--------------------------------------------

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WP(C) NO. 23750 OF 2023

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Dated this the 15^th day of November, 2023

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J U D G M E N T

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The present writ petition has been filed

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for the following reliefs:-

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“(i) To declare that the action on the part of the Respondent No.2 in deciding to implement a uniform colour code on ambulance vehicles in the state is arbitrary, patently illegal, unreasonable, irrational, tainted with procedural impropriety and violative of the fundamental rights and constitutional rights guaranteed to the Petitioners under Article 14, 19 and 21 of the Constitution of India; and

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(ii) To issue a writ of certiorari or any other appropriate writ, direction or order quashing Exhibit P7 order issued by the Respondent No.2; and

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WP(C) NO. 23750 OF 2023

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(iii) Dispense with the filing of English translation of vernacular documents; and

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(iv) Pass such any other order, direction or reliefs as this Hon’ble Court may deem fit in the interest of justice, equity and good conscience.”

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After some arguments, the learned

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counsel for the petitioner submits that the issue regarding the uniform colour code of Ambulance vehicle in the state of Kerala is covered by the decision of this Court in WP (C) No. 32725 of 2023, Youth Voice Padinhar Charitable Trust Vs. Union of India dated 06.10.2023 and therefore, he is not proceeded with that issue. Petitioner should be permitted to display the emblem of the sponsors of the ambulances in accordance with the AIS-125 Annexure-1 under Rule 125 (F) of the Central Motor Vehicle Rules,

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WP(C) NO. 23750 OF 2023

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Under the said Annexure-1 of AIS-125 (Part 1), Ambulance Conspicuity requirements are divided into five sections: (i) Colour (ii) Conspicuity Improving Items (iii) Emblems (iv) Warning Lights (v) Sirens.

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The ambulances are thus permitted to display emblems as per the requirements provided under AIS-125 (Part 1). For C and D category ambulances, emblems are permitted to be displayed as per the descriptions which is read as under:-

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“(iii) Emblems

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Emblems defined as such by this Ambulance conspicuity requirements are government/ private/ operator signs, corporate identities (XXX) and every other sign, symbol, marking or striping not referred to in the “Conspicuity Improving Items” section. These emblems are only allowed in a non-reflecting manner and the

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WP(C) NO. 23750 OF 2023

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size can’t be bigger than 60% of the “AMBULANCE” markings. Ambulance Calling Number (YYY) if available must be displayed prominently on the side and back of the Road ambulance.

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Notes:

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(1) Modifications required in location and dimensions of conspicuity items and emblems specified in para (ii) and para (iii) required due to vehicle design shall be permitted.

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(2) The Emergency number logo shall be fitted by the user. At the time of homologation of the vehicle, the manufacturer shall only identify the space for fixing the same.

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(3) Emblems shall not be fitted on glasses which can be slided or rolled down in such a way that visibility of emblems is adversely affected. In such case, it shall be permitted to shift the position of emblems to a location feasible as per exterior design of the vehicle. Further, it shall be permitted to modify the size

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WP(C) NO. 23750 OF 2023

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of emblem and size/location of C21 markings given in clause (ii) above to suit the exterior design of the vehicle.”

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In view of the aforesaid, since the Rule itself permit for displaying emblems as per the definition under AIS-125 (Part 1) quoted above, the petitioner should be permitted to display emblem strictly in accordance with the parameters defined under AIS-125 (Part 1) on ambulances of C and D categories.

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With the aforesaid observations and directions, the present writ petition is disposed of.

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Sd/DINESH KUMAR SINGH JUDGE

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rpr

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WP(C) NO. 23750 OF 2023

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APPENDIX OF WP(C) 23750/2023

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PETITIONER’S EXHIBITS

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Exhibit P1THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED TO THE PETITIONER FOR
AMBULANCE BEARING REGISTRATION NO. KL-11-BJ-
5466 DATED 18.01.2018.
Exhibit P2THE TRUE COPY OF CERTIFICATE OF FITNESS
ISSUED TO THE AMBULANCE BEARING REGISTRATION
NO. KL-11-BJ-5466 DATED 27.12.2021.
Exhibit P3THE TRUE COPY OF PHOTOGRAPH OF THE AMBULANCE
BEARING REGISTRATION NO. KL-11-BJ-5466 DATED
NIL.
Exhibit P4THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION FOR THE AMBULANCE BEARING
REGISTRATION NO. KL-11-BU-9396 DATED
29.09.2021.
Exhibit P5THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION FOR THE AMBULANCE BEARING
REGISTRATION NO. KL-11-BU-9312 DATED
29.09.2021.
Exhibit P6THE TRUE COPY OF THE CERTIFICATE OF
REGISTRATION FOR THE AMBULANCE BEARING
REGISTRATION NO. KL-11-BU-3808 DATED
24.05.2021.
Exhibit P7THE TRUE COPY OF THE DECISION TAKEN BY THE
RESPONDENT NO.2 DATED 31.08.2022.
RESPONDENT’S EXHIBITS
Exhibit R2(a)True copy of the National Ambulance Code
AIS : 125 (Part I-2014 Annexure I).
Exhibit R2(b)True copy of S.O NO.1248(E) /2004 dated
05.11.2004 issued by the Central Government.

C. H. Muhammed Koya Memorial Charitable Centre v. State of Kerala

Case brief

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What did the court decide?

C. H. Muhammed Koya Memorial Charitable Centre v. State of Kerala

Case brief

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